Please read the following Espedeo Terms of Sale and Services (“Terms of Sale and Services”) and Espedeo Terms and Conditions carefully, before you place order(s) for any products/ services of Espedeo. These Terms of Sale and Services shall only apply to Espedeo branded products as set forth in Schedule A. These Terms of Sale and Services form an integral part of Espedeo Terms and Conditions, subject to any contracts in writing entered into and signed between you and Espedeo separately. By using this website, you expressly agree to be bound by the Espedeo Terms and Conditions (as amended and updated by Espedeo from time to time) and all applicable laws.
This Espedeo website is hosted on Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell Espedeo products and services to you.
Registration, Accounts and Passwords
To use certain features of this website, you need to set up an Espedeo account. By setting up an Espedeo account, you warrant that you are of legal age to form a binding contract and you are not barred from opening the Espedeo account, using this website under the laws of the country/ area of us as the seller of your Espedeo product(s), your place of residency, or any other applicable jurisdiction. Before registration, you need to prepare necessary device(s) and/or software(s) fit for creating an Espedeo account, or using the website. You will be responsible for costs and expenses incurred in using this website, including internet connection or mobile fees.
If you create an Espedeo account, you agree to provide Espedeo with true, accurate, current and complete information about yourself, deployment of Espedeo Supra branded products (such as deployment address, screen width and maximum laser output in lumens), and to maintain and update such information to keep it true, accurate, current and complete. If your information is untrue, inaccurate, not current or incomplete, or Espedeo has reasonable grounds to suspect so, Espedeo is entitled to suspend or terminate your Espedeo account, or block your present or future use of the website. After you complete registration, you will have a password to access and manage your Espedeo account.
User Conducts and Restrictions
Espedeo grants you permission to use the website in accordance with Espedeo Terms and Conditions, and grants you a personal, non-commercial, revocable, non-assignable, non-exclusive access to the website, and to use the products/ services of Espedeo. You agree not to use the website, products/ services of Espedeo for any other purpose(s). YOU AGREE NOT TO USE THE WEBSITE, PRODUCTS/ SERVICES OF ESPEDEO FOR COMMERCIAL PURPOSE(S), FOR EXAMPLE, TO ACCESS, ACQUIRE, COPY, REPRODUCE, INTEGRATE, MODIFY, RESELL, DISTRIBUTE, TRADE, SERVICE OR COMMERCIALLY EXPLOIT THE WEBSITE, PRODUCTS/ SERVICES OF ESPEDEO (OR ANY PART OF IT), UNLESS WITH PRIOR WRITTEN CONSENT FROM ESPEDEO. You further agree that you shall not violate applicable laws or cause harm to Espedeo when you use the website, products/ services of Espedeo.
You are solely responsible for your use of the website (including any content you make available to Espedeo, such as the username or password), the products/ services of Espedeo and for consequences thereof. While using the website, you shall not make available any content in any illegal manner or any content that (i) is false, misleading, defamatory, offensive, slanderous, or libelous (iv) does or may threaten, abuse, harass or invade any third-party privacy, or infringes rights of Espedeo or any third parties, including intellectual property rights; or (v) contains software viruses, any other computer codes, files, or programs that interfere, damage or limit functionality of the website.
Order and Product Availability
You may place order(s) on products/ services of Espedeo, following the instructions displayed on this website step by step. Each order placed is subject to product availability and our acceptance of your order. The product availability displayed on our webpage(s) can change anytime with or without notice.
Although we make every effort in ensuring supply worldwide, in occasional cases, your order may be suspended, discontinued, cancelled, or not accepted by Espedeo, due to out-of-stock of product in your selected country(ies)/ region(s) of delivery, and/or any applicable Force Majeure Event under this Terms of Sale and Services.
Confirmation of Order
Any order(s) placed but without payment in full amount for five (5) business days will be automatically deemed as cancelled, terminated, or not accepted by Espedeo. Unless otherwise agreed by Espedeo, we will only issue confirmation of acceptance of your order, upon receiving your payment in full of the products/ services ordered under this Terms of Sale and Services. Please read your online confirmation page, and/or email containing confirmation of your order carefully.
For any reason whatsoever, with or without notice given to you, Espedeo has the right to cancel, terminate or not accept any order before delivery, even if such order is confirmed, and Espedeo shall not be liable to you or any other party for such cancellation, termination or non-acceptance. In case of cancellation, termination or non-acceptance, Espedeo shall refund to you the full amount which Espedeo has actually received from you, excluding any charge backs, reimbursements, refunds, and/or reversals payable to any third party payment processor(s).
Pricing and Payment
All prices shown on the Espedeo product(s)/ service(s) web pages are exclusive of shipping costs, tax, and duties, unless otherwise stated. The applicable currency(ies) and the amount will be based on your selected country(ies)/ region(s) of delivery. Notwithstanding the above, any applicable prices for the Espedeo product(s)/ service(s) shall be subject to any purchase order(s) as accepted by Espedeo.
You should be responsible for paying your own applicable taxes, duties and/or charges (such as any costs incurred because of foreign currency exchange rate, and/or the credit card issuing bank). Please check the updated price(s), shipping costs, tax and duties, and currency carefully. Alternatively, you may contact us for any special proposals, offers, privileges or other promotions. In no event shall Espedeo be responsible for any applicable taxes, duties and/or charges attributable to you.
Please be reminded that in rare cases, the information and data displayed on our web pages, including the number of stock and price(s), the estimated shipping costs, taxes and duties might be subject to adjustment, due to reasons out of our control, including any Force Majeure Event under this Terms of Sale and Services. In such cases, we will promptly contact you based on the contact details you have shared with us.
Payment(s) should be actually made in full before delivery of the products/ provision of services, and Espedeo is at its sole discretion to withhold any delivery of products/ provision of services, until all outstanding amounts are actually paid in full, including any charge backs, reimbursements, refunds, and/or reversals from any third party payment processor(s).
If you choose a direct payment gateway to complete your purchase, Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as necessary to complete your purchase transaction(s). After the purchase transaction(s) is completed, your transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands such as Visa, MasterCard, American Express and Discover. PCI-DSS requirements help to ensure the secure handling of credit card information by us or our service provider(s). For more insight, you may want to read Terms of Service of Shopify at www.shopify.com/legal/terms
After receiving your payment in full amount, we will arrange delivery of the purchased product(s) to your designated delivery address, which must be a physical one recognized by authorized third party carrier(s) of Espedeo, including residential or business address. You and/or your authorized recipient at the delivery address must be over 18 years of age, and the acts (or omissions) of your authorized recipient shall be deemed as the acts (or omissions) of yourself.
However, the delivery will not be made to any P.O. Box address(es), restricted areas, via roads which impose prohibition on the weight of truck, apartment under renovation, exhibition site, warehouse, hotel, boat house/ boat, construction site, container terminal, or any address(es) where Espedeo product(s) must pass through the balcony. In addition, the delivery service is not available for buildings without lift(s) or for Espedeo product(s) that can only access through staircases.
For any of your purchased product(s) in stock at your selected country(ies)/ region(s) of delivery, we will arrange standard shipping as soon as practicable. For details on standard delivery terms in your selected country(ies)/ region(s) of delivery, and/or any expedited shipping option(s) for an additional fee, please contact us. In any occurrence of event(s) out of our control (including any Force Majeure Events under this Terms of Sale and Services), we will promptly contact you based on the contact details you have shared with us.
Please be noted that – for any Espedeo Supra branded product(s) – only curbside delivery is available (unless you have a loading dock), and the packaging may be on a pallet. Any inside delivery may be available for additional fee(s), subject to the restrictions on delivery as stated herein. To discuss any customized delivery solution(s) for your purchased product(s), please contact us.
Risk of loss or damage will be passed to you as the purchaser, upon transfer of the ordered product(s) on DAP (Incoterms 2020) at any designated dock in your selected country(ies)/ region(s) of delivery. You are responsible for taking delivery at your own costs (including any unloading costs), and you assume all risks for the product(s) from the moment the product(s) are delivered, or deemed to have been delivered. Title in the products will be transferred to you as the buyer upon (i) receipt of the full amount payment by Espedeo, including any charge backs, reimbursements, refunds, and/or reversals from any third party payment processor(s), and (ii) delivery of the products.
Customs, Duties and Taxes
When you order from Espedeo website, you are responsible for customs duty and import clearance. You and/or the recipient of Espedeo product(s) is the importer of record and must comply with all applicable laws and regulations of the imported country/ region.
Ordered Espedeo product(s) shipped to destinations outside the factory premise(s) of Espedeo may be subject to import taxes, custom duties and other related charges levied by the destination country/ region. You and/or the recipient of Espedeo product(s) will be responsible for those import taxes, custom duties and other related charges. We do not have any control over, and you expressly acknowledge that Espedeo shall not be liable for those import taxes, custom duties or other related charges.
Please be reminded that laws and regulations on import taxes, custom duties and other related charges vary from country/ region to country/ region. You should contact your local customs authority for detailed information. You acknowledge that import clearance procedures (as applicable) may cause delay in delivery schedule, but in no event shall Espedeo be liable for such delay.
After delivery of the products, you should promptly inspect the products delivered. In the rare and unlikely circumstance, please inform Espedeo of any dead-on-arrival products and/or any non-conformity of the products within five (5) business days from the delivery date of such products. Without written notice from you on any dead-on-arrival products and/or any non-conformity of the products (if any), or if you do not contact us regarding the returns within five (5) business days from the delivery date of our product(s), the product(s) delivered are deemed to have been inspected and accepted by you.
If any product(s) is dead-on-arrival not attributable to you, or if you have any other questions about your order, please contact us for assistance. We will promptly respond and (if applicable) arrange replacement of such products, after the written notice from you is actually received by Espedeo and the returned dead-on-arrival product(s) have been actually received by Espedeo in its/ their original condition (including the original packaging), subject to the authorization/ approval of Espedeo. All return(s) shall be in a trackable shipping method, and you shall inform Espedeo of the tracking information.
For any exchanges, credit, and refund for any purchased product(s), you shall request by email to us, and such request(s) shall be made within thirty (30) days from the delivery date of such product(s). Any exchanges, credit and refund (as approved by Espedeo) will be in the amount that Espedeo has actually received from you for the product(s), but less all the shipping, handling, labor and other expenses that Espedeo has incurred for the product(s). Any refund (as approved by Espedeo) will be made to you, in the original form of payment.
Product Warranty and Support
The warranties provided may vary from product to product, subject to the sections titled “Warranties and Disclaimers”/ “Limitation of Liability” as contained in the Espedeo Terms and Conditions. Please refer to the applicable Espedeo warranty document(s) for the warranty terms applicable to the products/ services purchased. Any technical support to be provided to you, shall be agreed upon separately in writing between you and Espedeo.
Without limiting the foregoing, during the factory warranty period of the applicable Espedeo product(s) as displayed in this website, Espedeo provides the factory warranty against defects under normal use (as judged by Espedeo) but such factory warranty does not cover damages and/or defects resulting from:
- Physical damages to any part and/or modules, casings, covers;
- Misuse, negligence, accidents, shipping or other physical damage, improper installation, modifications or any manner of tampering;
- Usage of wrong voltage or unstable electrical supply;
- Usage not in accordance with operation and/or users manuals;
- Lack of dehumidifier that results in corrosion/ condensation damages;
- Any unauthorized repair, alteration or modification to the Espedeo product(s);
- Force Majeure Event with Espedeo being the Impacted Party, Espedeo shall be excused from the performance for so long as such Force Majeure Event continues; and/or
- Consumables (such as hard disk drives and/or equipment dust filters).
Force Majeure Event
If and to the extent that either party (the “Impacted Party”) may be precluded by acts of God, flood, fire, earthquake, explosions, epidemics, pandemics (including, without limitation, the COVID-19 pandemic), war, invasion, hostilities (whether war is declared or not), threats or acts of terrorists, riots, or other civil unrest, strikes, lockouts, casualties, government orders or laws, actions, embargoes, or blockades in effect on or after the date of this Terms of Sale and Services; action by any governmental authority; national or regional emergency; shortage of adequate power or transportation facilities, or other causes beyond its reasonable control (collectively, “Force Majeure Event”) from performance hereunder, such performance (except for payment of amounts due hereunder) shall be excused during such Force Majeure Event. Both parties shall use best commercial efforts to resume performance after termination of a Force Majeure Event.
The Impacted Party shall give notice within five (5) business days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the end of the Force Majeure Event. In the event that the Impacted Party’s failure or delay continues for a period of thirty (30) days following written notice given by it under this Section, either party may thereafter terminate this Terms of Sale and Services upon five (5) business days’ written notice.
You and/or such business shall indemnify, defend and hold harmless Espedeo and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the products/ services of Espedeo or violation of these Terms of Sale and Services, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Warranties and Disclaimers
ANY PRODUCTS/ SERVICES OF ESPEDEO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL SUCH WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, WHETHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT ANY USE OF PRODUCTS/ SERVICES OF ESPEDEO IS AT YOUR OWN RISK.
TO THE EXTENT PERMITTED BY LAW, ESPEDEO MAKES NO WARRANTIES WITH RESPECT TO ANY PRODUCTS/ SERVICES OF ESPEDEO INCLUDING WITHOUT LIMITATION, QUALITY, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS, REPUTATION OR OTHER FEATURES OF THE PRODUCTS/ SERVICES OF ESPEDEO. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, ESPEDEO DOES NOT WARRANT THAT (I) THE RODUCTS/ SERVICES OF ESPEDEO WILL SATISFY YOUR REQUIREMENTS; (II) YOUR USE OF THE PRODUCTS/ SERVICES OF ESPEDEO WILL BE FREE FROM ERRORS, INTERRUPTIONS, DELAY, DANGER, TEMPORARY SUSPENSION, OMISSIONS, INACCURACIES OR OTHER HARMFUL COMPONENTS DUE TO TECHNICAL ISSUES; OR (III) THE PRODUCTS/ SERVICES OF ESPEDEO WILL OPERATE IN THE CONFIGURATION, HARDWARE OR SOFTWARE YOU USE.
Limits of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ESPEDEO, ITS AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES WILL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES, LOST PROFITS, LOST REVENUES, OR LOST DATA, FINANCIAL LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM LOSS OF USE, BUSINESS, ANTICIPATED SAVINGS OR GOODWILL, AND ANY DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, PAIN AND SUFFERING).
IN ALL CASES, ESPEDEO, ITS AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE LIABILITY OF ESPEDEO, ITS AFFILIATES, OFFICERS, AGENTS, AND/OR EMPLOYEES TO YOU EXCEED THE AMOUNT ACTUALLY RECEIVED BY ESPEDEO FROM YOU (IF ANY) VIA THE WEBSITE, IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIMS.
Governing Law and Jurisdiction
The laws of the country/ area of us as the seller of your Espedeo product(s) shall apply to any disputes arising out of or relating to the Terms of Sale and Services (without regard to any conflict of laws principles) unless otherwise expressly provided. All claims arising out of or relating to these Terms of Sale and Services shall be litigated exclusively in the jurisdiction and courts of the country/ area of us as the seller of your Espedeo product(s), and you and Espedeo expressly consent to the personal jurisdiction of such competent courts.
If you have any questions about your order or need further assistance, please contact us by:
- Email: firstname.lastname@example.org
- If you are located in the United States, Canada or any area/ country in South America:
- Phone: +1 818 972 4370/ +1 877 743 2872 (Toll Free)
- Mail: c/o 1016 West Magnolia Boulevard, Burbank, CA 91506, USA
- If you are located in any other area/ country:
- Phone: +852 2507 9555
- Mail: c/o Unit 1-7, 20/F, Kodak House II, 39 Healthy Street East, North Point, Hong Kong
Last updated on March 31, 2021.
Copyright © 2021 Espedeo. All Rights Reserved.
Schedule A – List of Espedeo branded products
- Espedeo Supra-5000
- Espedeo Fixed Lens (0.8:1)
- Espedeo Motorized Lens (1.28-1.92:1)
- Espedeo VM-1140 VESA Ceiling Mount
- Espedeo PM-2000B 3D Polarized System, expressly excluding any glass(es)